MAHENDER Vs. BANARSI DASS AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by defendant no.4 who is aggrieved against the concurrent findings of the Courts below wherein the suit for possession filed by the plaintiff was decreed by the Courts below.

(2.) The case of the plaintiff in the suit for possession was that portion shown in yellow and red colour in the site plan dated 19.7.1999. He was owner in possession of Ahata No.184 Ghar No.385 situated in the revenue estate of Bihali. It was averred that Haveli was situated in the village which was constructed by ancestors and after the death of his father he was coming as owner in possession and also in possession of land measuring 1 kanals 2 Marlas falling in Khasra No.227 and 298 and that defendants had no concerned with the disputed property which he was using for the last 50 years and they had no right to encroach and cause interference in the suit property. It has accordingly alleged that defendants being forceful persons had encroached upon the land shown in red colour for the last 1-1/2 years and constructed a house about six months earlier bounded by letters BCDE and placed cow dung cake and construction due to which the plaintiff was having difficulty in flow of water. Defendants No.1 to 4 in the written statement denied the ownership of the plaintiff and contended that the disputed land had been used by the villagers and the area shown by red colour was not of the plaintiff as shown in Khasra No.227 and 298 and the defendants had constructed their pucca houses on the disputed land for the last 50 years which had been shown in the site plan in the southern side and there was a Rasta which was being used by the plaintiff and the defendants for the last 70-80 years. Various preliminary objections regarding maintainability, limitation, cause of action and non joinder of necessary parties were taken.

(3.) On the basis of the pleadings, the trial Court framed the following issues:-